MISCELLANEOUS FORMS (iii) the agreed price for, or the proceeds of sale of, any materials, supplies, or other things acquired by the Contractor or sold pursuant to the provisions of this clause and not otherwise recovered by or credited to the Government. (i) The Government may from time to time, under such terms and conditions as it may prescribe, make partial payments and payments on account against costs incurred by the Contractor in connection with the terminated portion of this Letter Contract whenever in the opinion of the Contracting Officer the aggregate of such payments shall be within the amount to which the Contractor will be entitled hereunder. If the total of such payments is in excess of the amount finally agreed or determined to be due under this clause, such excess shall be payable by the Contractor to the Government upon demand, together with interest computed at the rate of 6 percent per annum, for the period from the date such excess payment is received by the Contractor to the date on which such excess is repaid to the Government; provided, however, that no interest shall be charged with respect to any such excess payment attributable to a reduction in the Contractor's claim by reason of retention or other disposition of termination inventory until ten days after the date of such retention or disposition, or such later date as determined by the Contracting Officer by reason of the circumstances. (Local reproduction is authorized) 16.860 Processing Payments Under Contracts with Cost-Reimbursement Provisions. The following forms are authorized for processing payments under contracts with cost-reimbursement provisions (see 3.809(c)(1)): (i) NASA Form 456, Notice of Contract Costs Suspended and/or Disapproved; (ii) NASA Form 456-1, Notice of Contract Costs Suspended and/or Disapproved Continuation Sheet; (iii) Standard Form 1034, Public Voucher for Purchases and Services Other than Personal; (iv) Standard Form 1034a, Public Voucher for Purchases and Services Other than Personal-Memorandum Copy; (v) Standard Form 1035, Public Voucher for Purchases and Services Other than Personal Continuation Sheet; and (vi) Standard Form 1035a, Public Voucher for Purchases and Services Other than Personal Continuation Sheet-Memorandum. 16.861 Withholdings Under Davis-Bacon Act (Standard Form 1093). Standard Form 1093, Schedule of Withholdings Under the Davis-Bacon Act, shall be used in accordance with 12.404-9. 16.862 Unitary Plan Wind Tunnel Facilities (NASA Form 362). NASA Form 362, Agreement for Use of NASA Unitary Plan Wind Tunnel Facilities, shall be used in connection with the use of the NASA unitary plan wind tunnel facilities for company projects. The form shall be executed by authorized representatives of NASA and the company on all company projects, as defined in NASA Financial Management Manual, Appendix 9080-4A. The symbol "NAS (UP)" shall be placed on each agreement, followed by the numerical designation of the field installation, and consecutive numbers assigned (for example, "NAS (UP)-1"). Billings shall be rendered by and payments made to the NASA installation concerned in accordance with applicable fiscal regulations. 16.863 New Technology (NASA Form 1162). NASA Form 1162, New Technology, contains the clause set forth in 9.101-4 and will be used in contracts which require the New Technology clause under the provisions of 9.101-2. NASA PROCUREMENT REGULATION 16.863 PROCUREMENT FORMS 16.864 Procurement Plan Contents Checklist (NASA Form 1168). NASA Form 1168, Procurement Plan Contents Checklist shall be used in accordance with 3.852-3. 16.865 Report of Government-Owned/Contractor-Held Property. (NASA Form 1018). The Report of Government-Owned/Contractor-Held Property (NASA Form 1018) shall be used in accordance with the provisions of paragraph B.311 of Appendix B and paragraph C.311 of Appendix C. 16.866 Material Inspection and Receiving Report Forms (DD Form 250, and DD Form 250c). The Material Inspection and Receiving Report Form (DD Form 250) shall be used in accordance with Appendix I. DD Form 250c is the Continuation Sheet. 16.867 DOD Property Record (DD Form 1342). The DOD Property Record (DD Form 1342) shall be used in accordance with the provisions of paragraph B.306-1 of Appendix B and paragraph C.306-1 of Appendix C. 16.868 Letters of Delegation. The forms set forth in this paragraph are prescribed for use, in accordance with the provisions of Part 20, Subpart 6, in requesting contract administration, audit, and other related support functions from another NASA installation or Government agency. 16.868-1 Letter of Contract Administration Delegation, General (NASA Form 1430). NASA Form 1430 shall be used for the delegation and redelegation of contract administration functions to other Government agencies and NASA installations. 16.868-2 Letter of Contract Administration Delegation, Special Instructions (NASA Form 1430A). NASA Form 1430A shall be used to provide special instructions to NASA Forms 1430 and 1432, when necessary. (See | 20.604(g)). 16.868-3 Letter of Acceptance of Contract Administration Delegation (NASA Form 1431). NASA Form 1431 shall accompany NASA Form 1430 for use by the recipient contract administration office in evidencing acceptance of the delegation. 16.868-4 Letter of Contract Administration Delegation - Termination (NASA Form 1432). NASA Form 1432 shall be used to delegate certain contract termination functions to the cognizant contract administration office when the NASA contracting officer has issued a Notice of Termination. 16.868-5 Letter of Audit Delegation (NASA Form 1433). NASA Form 1433 shall be used to delegate contract audit functions to other Govern|ment audit agencies. (See 20.609(c)). 16.868-6 Letter of Request for Pricing-Audit Technical Evaluation Services (NASA Form 1434). NASA Form 1434 shall be used to request specific one-time services or information from other Government agencies when NASA Forms 1430, 1432, and 1433 are not appropriate. (See 20.614.) 16.869 Contract File Documentation and Closeout Forms. The forms set forth below are prescribed for use, in accordance with Supplement 2 of this Regulation, in documenting and closing the files of completed con tracts: (i) Contract Administration Completion Record (DD Form 1593); (ii) Contract Completion Statement (DD Form 1594 - NASA Edition); and (iii) Contract Closeout Checklist (DD Form 1597 - NASA Edition). 16.864 CFR TITLE 41 CHAPTER 18 MISCELLANEOUS FORMS 16.870 Report of Federal Cash Transactions (Standard educational institution and 16,871 Post Award Conference Record (DD Form 1484). NASA PROCUREMENT REGULATION PART 17 EXTRAORDINARY CONTRACTUAL ADJUSTMENT PROCEDURES Subpart 1-Standards and Procedures 17.000 Scope of Part. This Part establishes standards and procedures for the disposition of requests for extraordinary contractual adjustments by contractors of the National Aeronautics and Space Administration (hereinafter referred to as "NASA" or the "Administration”) pursuant to the Act of August 28, 1958 (Public Law 85-804; 50 U.S.C. 1431-35) (hereinafter referred to as "the Act"), and Executive Order No. 10789, dated November 14, 1958 (23 F.R. 8897) (hereinafter referred to as "the Executive Order"). It does not extend to advance payments or the socalled "residual powers" under the Act. 17.101 Authority. (a) The Act empowers the President to authorize Departments and agencies exercising functions in connection with the national defense to enter into contracts or into amendments or modifications of contracts and to make advance payments, without regard to other provisions of law relating to the making, performance, amendment, or modification of contracts, whenever he deems that such action would facilitate the national defense. (b) The Executive Order authorizes the Administrator of NASA (hereinafter referred to as "the Administrator"), to exercise the authority conferred by the Act, and to prescribe regulations for the carrying out of such authority. (c) NASA Management Instruction 1152.5, "Contract Adjustment Board," establishes the Contract Adjustment Board (hereinafter referred to as "the Board") to consider and dispose of requests for extraordinary contractual adjustments by NASA contractors. 17.102 General Policy. The authority conferred by the Act shall be utilized primarily as an aid to procurement but shall not be utilized so as to encourage carelessness and laxity on the part of contractors or NASA personnel, nor be relied upon by NASA where other adequate legal authority exists. The actions authorized under the Act shall be processed as expeditiously as practicable but with the care, restraint, and sound judgment appropriate to the exercise of such extraordinary authority. 17.103 Standards for Deciding Cases. 17.103-1 General. The mere fact that losses occur under a Government contract is not, by itself, a sufficient basis for the exercise of the authority conferred by the Act. Whether, in a particular case, appropriate action (such as amendment without consideration, correction of a mistake or ambiguity in a contract, or formalization of an informal commitment) will facilitate the national defense is a matter of sound judgment to be made on the basis of all of the facts of the case. Although it is obviously impossible to predict or enumerate all types of cases with respect to which action may be appropriate, examples of cases or types of cases where action may be proper are set forth in paragraphs 17.103-2, 17.103-3, and 17.103-4 below. Even if all of the factors contained in any of the examples are present, other factors or considerations in a particular case may result in a denial of the request. These examples are not intended to exIclude other cases where the Board determines that the circumstances warrant action. NASA PROCUREMENT REGULATION |